Conditions of Sale
The placing of a bid shall constitute acceptance of all the following terms of business of the Auctioneer:
1. The auction is effected voluntarily and in public on behalf and on account of third parties against imediate cash payment in Euro.
2. The numbers of the catalogue may be united, separated, varied in its sequence or withdrawn by the auctioneer during the auction itself. 3. The Auctioneer has the right to exclude any persons from the auction without naming a reason.
4. The Auctioneer reserves the right to reject a bid, in this case the prior bid remains binding. If the highest bidder does not want his bid to be valid, or if otherwise a dispute concerning the bid knocked down arises, the Auctioneer may cancel the bid knocked down and re-offer the lot. In the case of identical highest bids of several bidders the winner will be assigned by lot. Written bids will be effected in compliance with the minimum bid increases only to the extent necessary to overbid otherwise existing bids. Lots which will be called against "Gebot" underlie a lowest bid of 10,- Euro and shall be accepted at the highest bid.
5. The knocking down commits a contract of sale between the Auctioneer and the bidder. It binds the bidder to take and to pay for the lot. The bidder for a third-party will be held liable as a primary obligor along with the third-party. The knocking down transfers the risk of not liable losses or damages of bought bids to the purchaser.
6. On the sale price an additional 20% commission plus a 2 Euro surcharge per lot, as well as postage and insurance in the case of sending, plus 19% value added tax for all additional costs will be charged; excluded from value added tax are deliveries in
third countries (states outside of EU) and for members of the EU under declaration of the calue added tax-ID.
7. The items stay the property of the seller until the complete payment of the auction-bill. Mail bidders shall receive an invoice in advance auction-bill, payable at once. Forwarding of lots may be only claimed after full payment auf the auction-bill.
8. Delay of payment, which means that the amount will not have reached us within 10 days after the auction or after 10 days when the invoice arrived we will charge fees of 3% and in additional 1,5% interest per month, unless reference of marginal or no damage is given by the purchaser. For the rest the purchaser has the right on delayed payment to claim either settlement of the amount invoiced or to cancel the purchase within a reasonable time. In the case of cancellation the rights of the purchaser forfeit and the Auctioneer has the right of compensation for damages in the amount of foregone remuneration (commission of consignment and purchase). Compensation of damage may be charged also in such a way, that the lot will be re-offered in a next auction and the belated purchaser may be claimed for a minimum sales revenue and the costs related to the re-offer without being entitled to lay claim on an eventual profit. In case of default of agreement of part payment or default of date of payment the total amount is payable immediately. Mooreover 1,5% interest will be charged for this amount as mentioned above.
9. Lots to be sold at auction may be examined and checked before the auction. They will be sold in the condition being at the time of the auction. The auction house accepts no liability for defects, insofar as it has complied with its duty of care. However, he will assert a claim against the consigner in case of justified notice of de-fects. In the case of a successful claim against the con-signer he will recompense the purchaser the paid purchase price and auction fees. Collections, collective lots etc. cannot be object of reclamation. Reclamation of single lots must be filed within a period of 14 days after delivery of the lots. The lots must be in unaltered condition, especially in regard to the intact sealing of welded stamps. Only the FALSE-markings made by examiners of the association Bundes Philatelistischer Prüfer (BPP) are not considered as alterations. In case of reclamation the auctioneer may demand an expertise of an examiner of the BBP. The auctioneer must be informed before, when the purchase wants to have the lot examined. Then the period of the reclamation will be prolonged. This will not effect the liability of immediate payment of the lot. Eventual examination fees will be repaid for justified reclamation. A further claim is excluded. Defects which are obviously shown on the picture can not be complained.
10. A liability of the Auctioneer on compensation due to financial losses for whatever legal ground is excluded unless the Auctioneer may be imputed intention or gross negligence.
11. Place of delivery is Dessau-Roßlau. Court of jurisdiction for commercial procedure is Dessau-Roßlau. German law is the only applicable; the regulations of the Uniform (international) Sale of Goods Act, do not apply.
12. These Conditions of Sale apply for lots sold after the auction as well as for other kinds of free sale. The special provisions for distance sales do not apply.
13. If one of the above mentioned conditiones shall be wholly or partly void, this shall not affect the validity of the remaining conditions. (This translation of the "Allgemeine Versteigerungsbedingungen" ("Conditions of Sale") is provided for information only. The German text is to be taken as authoritative.)
Auktionshaus Hettinger, Inh. Heiko König, Südstr. 123, 06849 Dessau-Roßlau ×